The Supreme Court of Canada announced today that it will hear appeals in the legal challenge to Bill 137: The Education Amendment Act, 2023. Today’s announcement follows a recent Saskatchewan Court of Appeal decision which had permitted challenges to the Government of Saskatchewan’s legislation to proceed.
That decision was a significant win for Saskatchewan’s youth and defenders of The Canadian Charter of Rights and Freedoms. In hearing this appeal, the Supreme Court will facilitate further inspection and clarity on the important issue of the impact of the government’s use of the notwithstanding clause.
“We welcome the Supreme Court’s decision to hear appeals in this challenge. It is important for the courts to test the increasing use of the notwithstanding clause by provincial premiers trying to further their own political agendas,” said Kent Peterson, president of CUPE Saskatchewan. “We expect the court will agree with the Saskatchewan Court of Appeal that where a government uses the notwithstanding clause, courts can still review and comment on whether the law violates important Charter rights. We also hope the court will provide strict guardrails or instructions to governments on how the notwithstanding clause may be applied moving forward. We know the rights of children are paramount and hope the Supreme Court finds that the Sask. Party government cannot simply legislate away public accountability.”
In October 2023, Bill 137 was pushed through the legislature in just days, with the government pre-emptively invoking the notwithstanding clause to ensure it operates even if it violates Charter rights. CUPE Saskatchewan, the Saskatchewan Federation of Labour, and the Canadian Teachers’ Federation were joint applicants to intervene in the Court of Appeal case concerning Bill 137.